IN MATTER OF MARTIN (Bankr.N.D.Ind. 2006)


IN THE MATTER OF: DERRICK O. MARTIN, LARISSA H. MARTIN, Debtors.

Case No. 05-14624.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 8, 2006

DECISION AND ORDER TO AMEND
ROBERT GRANT, Bankruptcy Judge

The notice of motion and opportunity to object which Wells Fargo Bank, Indiana (hereinafter “Movant”) served in connection with its joint motion for relief from stay and abandonment does not comply with the requirements of N.D. Ind. L.B.R. B-2002-2 because:

a. The stated deadline for filing objections, August 2, 2006, is only fourteen (14) days after the date of the notice and creditors are entitled to at least fifteen (15) days notice of the opportunity to file objections. N.D. Ind. L.B.R. B-2002-2(b)(1).

Since creditors and parties in interest have not been given appropriate notice of the motion and the opportunity to object thereto, the court cannot grant it at this time. Movant shall prepare and serve an Amended Notice of Motion and Opportunity to Object which complies with N.D. Ind. L.B.R. B-2002-2 and file proof thereof within fourteen (14) days of this date. See, N.D. Ind. L.B.R. B-9013-4(a). The failure to do so will result in the motion being denied without prejudice and without further notice.

SO ORDERED.

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